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Passed March 10, 1884; three-fifths being 
present. 

The People of the State of New York^ 
represented in Senate and Asse^nbly, 
do enact as follows : 

Section 1. Provision shall be made 
by the proper local school authorities for 
iustructiug all pupils in all schools sup- 
ported by public money, or under State 
control, in physiology and hygiene, with 
special reference to the effects of alco- 
holic drinks, stimulants and narcotics 
upon the human system. 

§ 2. No certificate shall be granted to 
any person to teach in the public schools 
of the State of New York after the first 
day of January, eighteen hundred and 
eighty-five, who has not passed a satis- 
factory examination in physiology and 
hygiene, with special reference to the 
effects of alcoholic drinks, stimulants 
and narcotics upon the humau system. 

To take effect March 30, 1884. 



I 




DtPAPTTKiNT, 
OF THE 



SCHOOI. LAWS 



OF THE STATE OF NEW YOKK. 



CONTAINING ALL THE ESSENTIAL POINTS PEE- 

TAINING TO CITIZENS, TEACHERS, AND 

SCHOOL OFFICERS, TO JAN. 1884. 



BY C. T, POOLER, 

CONDUCTOR OF TEACHERS' INSTITUTES; AUTHOR OF " CHART OF 

CIVIL goverment;" "test speller;" and "hints 

ON TEACHING ORTHCEPT," 



rj?f/ r 



NEW YOEK: ^^^t"^'^' 

E. L. KELLOGG & 00. 

1884. 



0^ 






Copyright by C. T. Pooler, 1884. 



PEEFACE. 

To know the law is the first safeguard against its 
violation. 

It is safe to say that a large majority of all school 
district difficulties, culminating too often in petty law- 
suits, and of tener still in social quarrels that seldom die, 
grow out of an ignorance of a few points in the school 
law. 

The object of this little classification of one hundred 
and fifty points in our school law governing citizens, 
teachers, and school officers, is to place the same in a 
cheap form within the reach of all. 

C. T. POOLER. 
Deansville, N. Y. 
January, 1884. 



INDEX. 

The figures in the index refer to the sections. 



School year and annual meeting, 


sections 1 to 4 


Voters at school meetings 


(( 


5 


Census of children of school age 


t( 


6 


School district meetings 


a 


7 to 18 


Trustees, — powers and duties 


i{ 


19 to 55 


Teachers, — powers and restrictions 


(( 


56 to 87 


District Clerk, duties 


u 


88 to 91 


District Collector, duties 


(I 


92 to 100 


Librarian 


i 


101 


Town Clerk, duties 


a 


102 to 107 


Supervisor 


a 


108 to 119 


School Commissioner 


it 


120 to 133 


Superintendent of Public Instruction 


li 


134 to 141 


Appendix : 




Page 34 


The Teacher's Eights, 




85 


Children's Eights, 




38 


Parents' Eights, 




39 



EXPLANATION, 

The figures at the end of statements denote the page in 
in the Code of Public Instruction of 1868, on which vjill 
he found the law embraced in the statement. Laws and 
decisions made since 1868 are indicated by the date 
affixed to the same. 



THE SCHOOL YEAR AND THE AN- 
NUAL SCHOOL MEETINa, 

Section!. "An annual school meeting of each 
school district shall be held the last Tuesday of 
August in each year, and unless the hour and the 
place thereof shall have been fixed by a vote of a 
previous district meeting, the same shall be held 
in the school-house at seven o'clock in the evening." 
Laws of 1883. 

"This act shall take effect on the first day of 
January, 1884." 

§2. An act in relation to the election of officers in 
certain school districts, (those containing 300 or 
more children of school age), is amended and is as 
follows : 

" Such election shall be held on the Wednesday 
next following the last Tuesday in August in each 
year, between the hours of twelve o'clock, mid-day 
and four o'clock in the afternoon." Laws oi 1883. 

5 



6 NEW YORK STATE SCHOOL LAWS, 

§3. The school year expires on the twentieth day 
of August in each year. 

"The trustees of each school district shall, be- 
tween the last Tuesday of August and the first 
Tuesday of September in each year, make and di- 
rect to the School Commissioner, a report in writ- 
ing, dated on the twentieth day of August of the 
year in which it is made, and shall sign and certi- 
fy it, and deliver it to the clerk of the town in 
which the school district is situated." Laws of 
1883. 

§4. *'The annual meeting of the Board of Educa- 
tion of every union free school district, shall be 
held on the first Tuesday of Septembei' in each 
year." Laws of 1883. 

V0TEB8 AT SCHOOL DISTRICT 

MEETINGS. 

§5. By the laws of 1881, there are three classes of 
persons who may vote, as follows : 

I. "Every person (male or female), who is a 
resident of the district, of the age of twenty-one 
years, entitled to hold lands in this state, who 
either owns or hires real estate in the district liable 
to taxation for school purposes." 



VOTERS AT SCHOOL DISTRICT MEETINGS. 7 

II. "Every citizen of the United States (male or 
female), above the age of twenty-one years, who is 
a resident of the district, and who owns any per- 
sonal property assessed on the last preceding as- 
sessment roU of the town, exceeding fifty dollars 
in value, exclusive of such as is exempt from ex- 
ecution." 

III. "Every citizen of the United States, (male 
or female,) who is above the age of twenty-one 
years, who is a resident of the district, and who 
has permanently residing with him, or her, a child 
or children of school age, some one or more of 
whom shall have attended the school of the district 
for a period of at least eight weeks within the year 
preceding the time at which the vote is offered." 

In relation to this, Class III., Attorney General 
RusseU, at the solicitation of Supt. W. B. Ruggles, 
for his opinion says, under date of May 28, 1883 : 
"It will be observed that the statute uses the 
term "him, or her," evidently for the purpose of 
giving the particular party with whom the child 
resides, the right to vote, and was not intended to 
confer such right of voting upon both the husband 

and the wife the legal residence of the 

child would be with the husband, and he alone 



8 NEW YORK STATE SCHOOL LAWS. 

wouid by reason of such residence be entitled to 
vote at the school meeting held in the district in 
which he resides." 



CENSUS OF CHILDBEN OF SCHOOL 

AGE. 

§6. The enumeration of children of school age, 
over five and under twenty-one years of age resid- 
ing in the district, shall be taken on the thirtieth 
day of June in each year. Laws of 1883. 

SCHOOL MEETINGS. 

§7. A special district meeting shall be held when- 
ever called by the trustees. The notice thereof 
shall state the purpose for which it is called. No- 
tice of at least five days shall be given, and must be 
served on each inhabitant of the district. But an 
annual meeting may adopt a resolution prescribing 
some other mode of giving notice, which shall con- 
tinue in force till rescinded. 96. 

§8. A district clerk cannot authorize any other 
person to call a school meeting. 329. 

§9. A district meeting is not bound by strict 
parliamentary rules ; it makes its own. 338. 



SCHOOL MEETINGS. 9 

§10. A chairman of a school district meeting is 
entitled to a vote on all qr.estions involving the 
levying of a tax. 435. 

§11. When a new district is to be formed the 
School Commissioner shall prepare the notice; and 
six days' notice shall be given. 92. 

§12. A tax for the purchase of a site for a school 
house, cannot be voted to be raised by installments 
114, 378. 

§13. A tax for building, hiring, or repairing 
a school-house may be voted to be raised by equal 
installments. The vote must be taken by record- 
ing the ayes and noes. 121, 378, 436. 

§14. A moderator (chairman) of a district meet- 
ing has the same right to vote as though he did 
not preside. 439. 

§15. Trustees of a union free school must be elect- 
ed by ballot. 427. 

§16. A school district has no power to vote a tax 
for building a school-house and public hall com- 
bined. Supt, Gilmour, 1874. 

§17. An election will not be set aside because of 
illegal votes when they do not affect the result 
433. 

§18. ''No school-house shall be built in any 



10 NEW YOBK STATE SCHOOL LAWS. 

school district in this State, until the plan of such 
school-house, so far as ventilation, heat and light- 
ing is concerned, shall be approved in writing by 
the School Commissioner," in whose district such 
school-house is to be built. Laws of 1883. 

TEUSTEES. 

§19. A school trustee holds his office one year, and 
till his successor is elected ; where there are three 
trustees, the office is held three years. 126. 

§20. If a district changes from three trustees to 
one, it can have but one trustee thereafter, (126) ; 
until by a two-thirds vote at an annual meeting, it 
shall resolve to have three trustees instead of one. 
Laws of 1878. 

§21. Neither the town supervisor nor a school 
commissioner can be trustee ; and no trustee can 
hold the office of district clerk, collector or Hbra- 
rian. 125. 

^22. A trustee may resign in writing to the su- 
pervisor of his town. 1 28. 

§23, If a vacancy in the office of trustee is not 
ffiled within thirty days after its occurrence by the 
district, the supervisor of the town may fill the 
same by appointment. 127. 



TRUSTEES. 11 

§24. A trustee may be removed from oflice for 
willful neglect of duties, by the Supt. of Public In- 
struction. 420, 422. 

§25. A trustee cannot be teacher in his own dis- 
trict, 416. Also decision of Supt, A. B. Weaver, 
1871. 

%2%. A trustee may appoint a district clerk, col- 
lector, or librarian, to fill a vacancy in the office. 
127. 

§27. The trustee has the sole custody of the 
school-house and appurtenances, (136, 358), and of 
the district library. 202. 

§28. The trustee is the only person empowered to 
exercise authority as to what text-books shall be 
used in the common school. 27, 28. 

§29, The trustee alone has authority to expel a 
pupil from school for habitual misconduct, or when 
afflicted with a contagious disease. 131, 132. 

§30. A trustee may permit the school-house, 
when unoccupied, to be used for educational pur- 
poses, or for religious meetings ; but if one of three 
trustees objects to such use it cannot be permitted. 
148, 348, 358. 

§31. A trustee may expend twenty dollars in re- 
pairing a school-house; fifty dollars for building 



13 NEW YORK STATE SCHOOL LAWS. 

out-houses, when there is none on the school prem- 
ises ; furnish broom, pail, cup, and other necessary- 
implements to keep the school-house clean, and 
make it comfortable for use, also provide fuel ; he 
may provide for building fires, and cleaning the 
school-house, and levy tax for the same without a 
vote of the district. 146. 

§32. Trustees may purchase globes, maps, and 
other apparatus, such as in their judgment the in- 
terest and welfare of the^cliool requires, but the 
cost thereof, estiniatin^ and' including the value of 
the apl^aratus' now owned by any school district, 
shall not exceed the sum of fifty dollars, and levy 
a tax for the same without a vote of the district. 
Laws of 1871. 

§33. When directed by the school commissioner 
the trustees may abate any nuisance not 1 o exceed 
in cost twenty -five dollars, and expend two hun- 
dred dollars in repairing a school-house, and levy a 
tax for the same. 22, 146. 

They may at any time levy a tax for the balance 
if teacher's wages, after the public money has 
been expended. 137, 145. 

§34. The trustee is the only person authorized to 
make a legal contract for the district, or to accept 



TRUSTEES. 13 

work done, he therefore must be associated with 
all committees appointed by the district for build- 
ing, or repairing a school-house, etc. 418, 419, 
414, 139, 

He must accept a new building erected for the 
district before it can become the legal property of 
the district. (359.) Trustees have no right to sell 
an old school-house, when a new one has been 
built, unless instructed to do so by a vote of the 
district. 359. 

§35. Trustees have sole power to hire teachers 
and determine the wages to be paid, (136, 141) and 
they are not bound by a vote of the district in re- 
gard to the same. 395, 397. 

§36. A trustee cannot legally employ a teacher 
who has, not an unexpired license to teach, (140); 
and if he does so, the teaching by such a person is 
a private, not a public school, which cannot be paid 
for by tax or public money. 133, 362. 

§37. Trustees cannot legally employ a teacher 
who is related to either of them within two de- 
grees, without the approval of a two-thirds vote of 
those present and voting at a district meeting duly 
called. 136. 



14 NEW YORK STATE SCHOOL LAWS. 

The disability of relationship does not apply to 
union free school. 401. 

A sole trustee cannot hire a teacher for a longer 
time than the close of the term commencing next 
preceding the time of the expiration of his office, 
without first having the approval of a majority 
vote at a district meeting. Three trustees and 
boards of education may hire a teacher for one 
year, but not for a longer time. Laws of 1879. 

§38. Trustees may dismiss a teacher for a viola- 
tion of contract, (406) and for gross immorality in 
conduct or language in the school-room. 403, 402. 

§89. The trustee has sole authority to allow non- 
resident pupils, or adult persons residing in his 
district, to attend the school, and to fix the terms 
of tuition; the consent should be in writing. 131, 
352, 354. 

§40. Any trustee who applies, directs, or con- 
tents to the application of public money, or money 
raised by tax, to the payment of an unqualified 
teacher, thereby commits a misdemeanor. 133. 

§41. Trustees may, in certain cases, make an 
original assessment of land, by giving twenty days 
notice to the party concerned. 180, 373, 372, 381. 

§42. The town assessment roll, as reviewed and 



NEW YORK STATE SCHOOL LAWS. 15 

adopted by the assessors, is complete as the last 
assessment roll of the town for all school purposes 
374, 384. 

§43. Trustees may modify or correct a tax-list 
any time before delivery to the collector. 167, 385. 

§44. A school district cannot take a perpetual 
lease for the site of a school-house. 367. 

§45. A warrant for the collection of a tax voted 
by the district shall not be delivered to the collec- 
tor tiU the thirty-first day after the tax is voted; 
but a warrant for the collection of a tax not voted 
may be delivered to the collector at any time 
167, 193. 

§46. Any person who shall willfully disturb, in- 
terrupt or disquiet any district school, or school- 
meeting in session, or any persons assembled with 
the permission of the trustees of the district, in 
any district school-house, for the purpose of giving 
or receiving instruction, shall forfeit twenty-five 
dollars. 234, 235. 

§47. Trustees have no power to levy a tax to re- 
pair a condemned school-house. Supt. A. B. Weav- 
er, 1871. 

§48. A school-house site cannot be changed by a 
vote at an annual school meeting. It can be done 



16 TRUSTEES. 

only at a special school-meeting called for that 
purpose. Supt. A. B. Weaver, 1869. 

§49. Trustees cannot make an original assess- 
ment of railroad property. Supt. A. B. Weaver, 
1873. 

§50. A trustee cannot legally give his consent for 
the alteration of his school district, when such al- 
alteration would set himself or his property into 
another district. 313. 

§51. Parcels of land bought of one or more parties, 
but all connected with the original farm upon 
which the owner resides, are taxable as one farm 
in the district of his residence. 380. 

§52. Trustees have power to levy a tax for build- 
ing a school-house in place of one condenmed, 
without a vote of the district (mode of proceed- 
ure). 23. 

§53. Trustees have full discretionary power in 
the matter of prescribing a course of study in the 
school under their charge. Supt. A. B. Weaver 
1870. 

§54. A trustee cannot be permitted to fix his own 
price for fuel furnished by himself for the district. 
424. 

§55. The official act of two trustees, without no- 



NEW YORK STATE SCHOOL LAWS, 17 

tifying or consulting the third, is iUegal and void 
416. 

TEACHERS. 

§56. In law a qualified teacher is a person who 
holds an unexpired license to teach; without such 
hcense, he is unqualified. 132, 133. 

§57. A teacher cannot make a legal contract for 
a school unless he holds an unexpired license to 
teach. 133. 

§58. A teacher who commences a school without 
a hcense, is liable to be discharged at any moment- 
by so domg he annuls His contract, which is not 
renewed by his obtaining a license subsequently; 
he must make a new contract. 410, 411. 

§59. A teacher cannot be legally 'employed in a 
school if he is related within two degrees, by blood 
or marriage, to any trustee of the district. See 

§60. Uncles and cousins of any person are not re- 
lated to him within two degrees. 401. 

§61. A contract made by a teacher with trustees 
separately, is illegal and void; there must be a 



18 TEACHERS. 

meeting of the Board of Trustees to make a legal 
contract. 396, 397, 398. 

§62. A teacher cannot make up lost time by- 
teaching on a holiday, without the consent of the 
trustees. 402. 

§63. The legal holidays are: New Year's Day, 
Washington's Birthday, Decoration Day, Fourth 
of July, General Election Day, Thanksgiving Day, 
and Christmas Day. Also any other day that has 
been set apart by the State, or nation, as a day of 
fasting and prayer. Laws of 1875. 

§64. A teacher cannot legally close his school for 
a single day without the consent of the trustees ; 
if he does so, he abandons his contract. 406. 

(Note. — I am informed that the Department has 
held that if the school be closed temporarily, on 
account of the sudden illness of the teacher, such 
closing without the consent of the trustee does 
not forfeit the contract.) 

§65. A teacher may close his school to attend the 
Teachers' Institute in the county in which he is 
teaching, without violating his contract, and he is 
entitled to full wages for such attendance at the 
institute. 22Q. 

§66. A teacher has no authority to expel a pupil 



TRUSTEES. 19 

from school; the trustee alone has such power. 
131, 132. 

§67. In union free school districts a pupil may- 
be expelled by order of the Board of Education. 
431. 

§68. A teacher may inflict corporal punishment 
upon a pupil for the purpose of correction. 408, 
409. 

§69. The infliction of cruel punishment is good 
cause for annulling a teacher's certificate. 407. 

§70. The Department will annul a teacher's cer- 
tificate for cruel and unreasonable discipline in 
the government of a school. 407. 

§71. The teacher is legally responsible for the 
safe keeping of the school register. 411. 

§72. The refusal to grant a certificate because of 
the teacher's habits of profane swearing, is justi- 
fied. Supt. A. B. Weaver, 1874. 

§73. The failure of a teacher to produce a certifi- 
cate of qualification, demanded by the trustee, jus- 
tifies the discharge of the teacher. Supt. N. Gil- 
mour, 1876. 

§74. The authority of trustees and of teachers 
over pupils ceases after the close of the school and 



20 NEW YORK STATE SCHOOL LAWS. 

their departure from the school premises. Supt. 
N. Grilmour, 1875. 

§75. A teacher's license will be revoked for un- 
justifiable severity in corporal punishment. Supt. 
A. B. Weaver, 1872. 

§76. Trustees may summarily dismiss a teacher 
for a violation of his contract, or for gross imraor- 
ality in the school. 402, 403. 

§77. A teacher's certificate may be annulled, if 
on a re-examination by the commissioner, he be 
found incompetent. 34. 

§78. On charges made affecting a teacher's moral 
character, after ten days' notice to the teacher, the 
commissioner must, if on an examination he find 
the charges sustained, annul the teacher's license 
by whomsoever granted ; and if it be a State cer- 
tificate, or a normal school diploma, he mast forth- 
with notify the State superintendent of all the facts 
in the case. 35. 

§79. Holders of State certificates are not exempt 
from examination by local authorities, if the trus- 
tees require it. 411. 

§80. Teachers have no authority to change the 
text-books in a school, or to introduce new ones. 
27, 28. 



TRUSTEES. 21 

§81. A contract, illegal in its inception, may be 
ratified by acquiescence of all the trustees and ful- 
fillment by the teacher. Supt. A. B. Weaver. 

§82. A teacher is not entitled to compensation 
for building fires if it is not mentioned in the con- 
tract. Supt. A. B. Weaver, 1868. 

§83. The trustees are ordered and directed to pay 
the teacher for time spent, during the term, in at- 
tendance at a Teachers' Institute. Supt. A. B. 
Weaver, 1869. 

§84. Trustees cannot offset a private claim against 
the wages of a teacher for services in teaching. 
Supt. A. B. Weaver, 1873. 

§85. A commissioner has no right to withhold a 
certificate from a teacher found competent, because 
he intends to teach some particular school disap- 
proved by the commissioner. Supt. A. B. Weaver, 
1869. 

§86. The annulment of a teacher's license for 
want of ability to teach, without a re-examination, 
is illegal. Supt. A. B. Weaver, 1869. 

§87. In law a "month " means a calendar month 
of thirty days. If a teacher hires out to teach by 
the month, he must teach thirty days, less the 
Sundays, legal holidays and the Saturdays, to 



32 NEW YORK STATE SCHOOL LAWS. 

which the teacher is entitled, occurring therein. 

402. 

DISTRICT CLEBK, 

§88. The district clerk must make and preserve 
the records of the proceedings of all school meet- 
ings in the district in a book provided for that pur- 
pose. 129. 

He must post notices of all school meetings, (and 
if an adjourned special meeting is for a longer time 
than one month, must re-post notices for such 
meeting), at least five days before such meeting, 
(129) ; if it be for a special meeting, he must notify 
each inhabitant of the district by reading to him 
the notice, stating the objects of such meeting. 
94, 96. 

§89. He must "notify all persons elected to district 
offices of their election, and report the names and 
post-office address of such persons to the town 
clerk of his town or forfeit five dollars. 129. 

§90. A district clerk cannot appoint a deputy to 
act for him. 329, 342. 

§91. He must deliver all district books and papers 
in his possession to his successor in office, under a 
penalty of fifty dollars. 129. 



DISTRICT COLLECTOR, 23 



DISTRICT COLLECTOR, 

§92. The district collector must give a bond with 
sureties, accepted bj the trustees, before he can 
legally enter upon the duties of his office, (193) ; 
and by neglect to execute such bond he vacates his 
office. (127.) 

§93. If a collector, not having executed the re- 
quired bond, receives a warrant from the trustees 
for the collection of taxes, he cannot enforce the 
collection from those who refuse to pay, and the 
trustees become liable for all losses which the dis- 
trict may thereby sustain (303). Also letter from 
Supt. A. B. Weaver, case, dist. No. 11, Paris, 
Oneida Co. 

§94. The collector is the treasurer of the district, 
and has no right to pay out moneys except on the 
written order of the trustees, (302, 303) ; and he 
should not pay over moneys to the trustees. 303. 
§95. The collector must give two weeks' notice, 
posted in three places in the district, one of which 
must be on the school-house door, before he can 
collect taxes ; but during said two weeks he may 
receive taxes, taking one per cent, fees thereon. In 



24 NEW YORK STATE SCHOOL LAWS. 

case he levies on and sells property, lie has ten 
cents per mile travehng fees. Laws of 1871. 

§96. Any goods and chattels lawfully in the pos- 
session of a delinquent tax-payer, may be seized 
and sold by the collector, though such delinquent 
be not the lawful owner thereof (191) ; and no claim 
of property made thereto by any other person 
shall be available to prevent such sale. 192. 

§97. If a trustee assess the property of a person 
not taxable, the collector is Uable as a trespasser if 
he collect a tax thereon. 444. 

§98. A collector is responsible for all losses to 
the district occasioned by his neglect of duty. 
302. 

§99. A collector's warrant may be renewed once 
by the trustees; but any subsequent renewal re- 
quires the written consent of the supervisor. 196. 

§100. A collector is not, under any circumstances 
authorized to sell real estate. 303. 

LIBBABIAN. 

§101. The librarian has the supervision of the^ 
school library (130), and cannot be trustee (125.) 
For full particulars as to district libraries read 
from page 196 to 211 in the Code of 1868. 



TOWN CLERK'S DUTY. 35 

TOWN CLEEK'S DUTIES UNDER THE 
SCHOOL LAW. 

§102. It is the duty of the town clerk to preserve 
all books, records, and papers of his office touch- 
ing common schools. To receive from the super- 
visor and record the certificates of apportionment 
of school moneys to the town ; to forthwith notify 
the trustees of the several school districts of the 
fact. 72. 

§103. To see that all trustees deposit with him 
at the proper time, their annual reports, and to de- 
liver the same to the school commissioner ; to de- 
liver to the trustees all blanks, books, and papers, 
left with him for that purpose by school offi- 
cers. 72. 

§104. To receive and record the accounts of the 
supervisor of all school moneys presented to the 
town auditors and their action thereon ; to record 
in the same book the supervisor's final account of 
such moneys, and to deliver a copy of the same to 
such supervisor's successor; to receive from the 
outgoing supervisor and file and record in the same 



S6 NEW YORK STATE SCHOOL LAWS. 

book the county treasurer's certificate of the ap- 
proval of such successor's bond. 72. 

§105. To act when called upon in the alteration 
of school districts; to receive and preserve the 
books, papers, and records of any dissolved school 
districts. 73. 

§106. To perform any other duties imposed by 
the school law. 73. 

§107. His services and expenses for such duties 
are a town charge, to be audited as such and paid 
by the town, 73. 

DUTIES OF SUPERVISOR UNDER 
THE SO HO OL LA W. 

§108. The supervisor shall receive and copy the 
school commissioner's certificate of apportionment 
of school moneys for his town; file the original 
certificate with the town clerk ; execute a bond in 
double the amount of such moneys, accepted by 
the county treasurer, draw said moneys from him 
and pay the same to teachers on the order of 
trustees. 62. 

§109. He can use no discretion in the matter of 
paying over such money on a trustee's order. 
412. 



DUTIES OF SUPERVISOR. 27 

§110. He shall in like manner receive and dis- 
burse moneys from gospel and school lots. 64. 

§111. He shall on the first Tuesday in March re- 
port to the county treasurer all moneys in his 
hands not drawn out, and the districts for which 
it is held. 68. 

§112. He must sue for and receive all penalties 
which under the school law inure to the benefit of 
common schools in his town. 69. 

§113. He may accept the resignation of a trustee 
(128) ; and after a vacancy of thirty days in the 
office of trustee in his town may appoint a trustee 
to fill the same. 127. 

§114. In concurrence with the school commis- 
sioner he may condemn a school-house as unfit for 
use. 22. 

§115. He shall when legally called on, act with 
the school commissioner and the town clerk in the 
matter of the alteration of a school district. 69. 

116. His written consent is necessary for chang- 
ing the site of a school-house, stating that in his 
opinion such change is necessary, before the 
change can be made. 122. 

§117. His written consent is necessary for the 



28 NEW YORK STATE SCHOOL LAWS, 

renewal of a collector's warrant after the same has 
been previously renewed. 197. 

§118. He must sell the property of a dissolved 
school district. 89. 

§119. In certain contingencies he has power to 
call a district meeting. 97. 

SCHOOL COMMISSIONER. 

120. The school commissioner is elected at the 
annual election in November; enters upon the 
duties of his office the first day of January next 
following, and holds his office three years and un- 
til his successor qualffies. 19. 

§121. He may vacate his office by filing his resig- 
nation with the county clerk, or by removing from, 
the county, or by accepting the office of supervi- 
sor, town clerk, or trustee of a school district. 20, 

A vacancy in the office may be filled by appoint- 
ment by the county judge ; if there be no county 
judge, the State Superintendent shall make the ap- 
pointment. 20. 

§122. For certain specified causes a school com- 
missioner may be removed from office, or may 
have his salary withheld by the State Superinten- 
dent. 16, 21. 



SCHOOL COMMISSIONER. 39 

§123. He cannot act as an agent for any author, 
publisher, or bookseller, nor receive any gift for 
his influence in recommending or procuring the 
use of any book, or school apparatus, or furniture 
of any kind whatever ; any violation of this act is 
a misdemeanor, and will subject the commissioner 
to removal from office. 21. 

§124. It is the school commissioner's duty to ex- 
amine and license persons to teach. (23.) To visit 
all schools in his district as often in each year as 
shall be practicable. (22.) To annually hold a 
teacher's institute in his county. (225.) To dis- 
tribute all school blanks, papers and registers 
among his several school districts. To collect the 
trustees' annual reports and report abstracts there- 
from to the State superintendent at the times pre- 
scribed. (40.) To apportion the school moneys 
among his districts, according to instructions, on 
the third Tuesday in March in each year. (54.) To 
amend if necessary the records of school district 
boundaries. 22, 319. 

125. He may re-examine a teacher, and if he 
find him deficient in learning or ability, annul his 
certificate. 23, 34. 

§126. It is his duty to examine any charges af- 



30 NEW YORK STATE SCHOOL LAWS, 

fecting a teacher's moral character, (23), giving the 
teacher at least ten days' notice prior to a hearing, 
(36), and if the charges are sustained, to annul 
such teacher's certificate and to declare him unfit 
to teach. 24, 35. 

§127. Every school commissioner has power to 
take affidavits and administer oaths in all matters 
pertaining to common schools, but without charge 
or fee. 38. 

§128. School commissioners alone have authority 
to form or alter school districts, (319) ; and the or- 
der for such alteration must recite the consent, or 
refusal of the trustees of the affected districts. 
310, 318. 

§129. The annulment of a school district rests 
with the commissioner (320) ; and a district is not 
annulled until all of its parts are annexed to ad- 
joining districts. 318. 

§130. The commissioner must call the first meet- 
ing for the erection of a new school district. 92. 

§131. He may direct trustees to abate any nui- 
sance upon school premises, at a cost not to exceed 
twenty five dollars; and may direct the trustees to 
repair a school-house, at a cost not to exceed, two 
hundred dollars. 22. 



SUPERINTENDENT. 31 

§132. He may in concurrence with the supervisor 
of the town condemn a school as unfit for use for 
school purposes. 22. 

§33. The commissioner has no authority to di- 
vide a union free school district, 323. 

SUPERINTENDENT OF PUBLIC IN 
STBUCTION 

§134. The superintendent of .public instruction 
is elected by a joint ballot of the Senate and As- 
sembly on the second Wednesday in March, and 
enters upon the duties of his office on the seventh 
day of April next following; he holds his office 
three years. He shall appoint a deputy superin- 
tendent. In case of a vacancy in the office, the 
deputy superintendent shall act as superintendent, 
and in case of a vacancy in both offices at the same 
time, the governor shall appoint a superintendent. 
2. Laws of 1883. 

§135. He is, ex-officio, a trustee of Cornell Uni- 
versity and of the New York Asylum for Idiots, a 
Eegent of the University, and Chairman of the Ex- 
ecutive Committee of the State Normal School 
at Albany. He has the supervision of aU the other 



33 NEW YORK STATE SCHOOL LAWS. 

Normal Schools and of the common schools in the 
State, and provides for the education of Indian 
children of the State. 4. 

§136. He must submit to the Legislature an an- 
nual report, stating the condition of the common 
schools and of all other schools and institutions 
under his supervision and visitation, the estimates 
and accounts of expenditures of school moneys, 
and his apportionment of school moneys. 15. 

§137, He may for certain causes remove a school 
commissioner from office, (16, 21) or withold his 
order for the commissioner's salary, which being 
withholden, shall be forfeited. 21. 

§138. He may for certain causes remove a trus- 
tee from office. 420, 422. 

§139. He may grant or revoke certificates of 
qualification to teach. 15. 

§140. "All questions relating to the holding of 
school district meetings, and any and all official 
acts of school officers, trustees, commissioners, 
supervisors, or others relating to the conduct of 
common schools, or concerning any matter, act, 
or duty, required or performed, under the law pro- 
viding for the organization and maintenance of 
common schools, or any law relating or pertaining 



SUPERINTENDENT. 33 

thereto, may be presented on appeal to the super- 
intendent of public instruction." 229 and 452. 

§141. The decision of such superintendent shall 
be final and conclusive, and not subject to question 
or review in any place or court whatever. 229, 452. 



APPENDIX. 

SCHOOL-EOOM RIGHTS AND DUTIES. 

It will be seen by the foregoing provisions of law per- 
taining to teachers, that the State, in the wisdom of 
experience, has hedged the common-school about with 
many careful restrictions, in order that the children 
may not suffer from improper persons as teachers, or 
from improper influences in their education and forma- 
tion of character. 

And yet, by the law of usage, called the common 
law, the teacher has more authority and greater discre- 
tionary power in the school-room over the conduct and 
destiny of others, than is exercised elsewhere by any 
other person in any other position in the State. The 
position of the teacher is nearly allied to that of a limit- 
ed monarch. He is the law-making power, the judi- 
ciary and the executive. 

Hence the greater need of self-control, of impartial 
judgment, of kindness of heart, and of large discretion. 

34 



APPENDIX. 



35 



THE TEACHEE'S EIGHTS. 
1. The teacher has sole authority in the school-room 
and upon the school premises during school hours, as 
agamst aU other persons or disturbing causes what- 
soever. This is guaranteed by statute. Neither the parent 
nor the trustee can violate this sacred right with im- 
punity. The penalty is fixed, certain, and severe. 

This right carries with it the responsibhlity of a pro- 
tecting care of all school property from injury or deface- 
ment. Hence the duty to see that every injury is prompt- 
ly repaired, and by tunely suggestions to inculcate in the 
mmds of the pupils the principles of good taste as to 
their surroundings, correct principles, and their own 
moral obhgations as to the property of others. 

2. It is the teacher's right to control the seating of 
the pupils, and to change the same whenever the inter- 
ests of the school demand it. 

To organize the school according to his own judgment; 
to arrange classes, times and plans of recitation, and to 
change the same. The duty under this right is to give 
to each pupilan equal proportionate share of the time 
and attention of the teacher. Its abuse is to rob the 
little ones of such time, and to bestow it where it is less 
needed, upon the more advanced classes, which is a 
great wrong. To see that each pupil has ample time 
allotted for study between recitations. 
3. It is the teacher's right ajid duty to use the best 



36 NEW YORK STATE SCHOOL LAWS. 

improved methods in teaching with which he is familiar, 
whether it be an innovation or not. (This may require 
careful discretion and tact in some localities.) Hence 
the teacher's duty to read, study, take the papers, and 
keep well up with the improvements of the age in which 
he "lives, moves," and teaches. 

4. Morally.— The teacher has a right to a suitable, com- 
fortable school-room, properly seated and lighted, and 
means for perfect ventilation for himself and pupils ; 
also, all the necessary appliances and implements with 
which to teach, illustrate and explain to younger minds. 
This includes blackboards, globes, charts, maps, diction- 
ary, etc.* This right cannot be enforced. Its fulfillment 
may be aided or attained, perhaps, by judicious persua- 
sion. 

5. The teacher has a right to the respect, kind regard, 
and confidence of his pupils. This may be secured by a 
corresponding regard of the teacher, manifested towards 
his pupils at all times. 

6. The teacher has a right to the respect and hearty 
co-operation of the patrons of the school, to sustain and 
encourage him in all his labors for the welfare of their 
children. 

7. By legal decisions based upon common law, the 
teacher stands in loco parentis, that is, in the place of 
the parent. The largest parental rights, privileges and 
authority are hereby transferred to the teacher in the 



* iBjr thf la-VTO of 187i th^M^stee has a rf^bt4ie^-*lHaifi"t^»'0f 
jl^e^ thitigs without a vdie oMlie district. 



APPENDIX. 37 

school-rooni, carrying with them corresponding respon- 
sibilities. The teacher should remember, however, that 
he is not possessed of the natm:al feelings of affection 
and sympathy of a parent towards a pupil, to modify 
or restrain him in his actions in any given emer- 
gency. The teacher has a right to adopt any and all 
necessary means and wholesome regulations for the 
conduct and management of the school, as a whole ; for 
the classes, recitations, study, and recreations, including 
all proper correctives for delinquencies in study or de- 
portment. Among these means the legal decisions recog- 
nize the teacher's right to inflict corporal punishment, 
except in those cities where boards of education have 
prohibited it. This infliction should be the very last re- 
sort after all other means have failed. And, if done 
at all, it should be done with the greatest care and dis- 
cretion on the part of the teacher. 

8. By general custom the teacher has a right to sus- 
pend a pupil for continuous misconduct or open insubor- 
dination, from the privileges of the school for a single 
day, or long enough to consult the trustee in the mat- 
ter. The writer is not aware that this right to suspend 
a pupil has ever been established by a decision of the 
Department of Pubhc Instruction. It has, however, 
received the verbal sanction, vtdth advice to the teach- 
ers, by a Supt. of Public Instruction. 

9. There is another custom of long standing, yet of 
doubtful utility, and perhaps of questionable right ; it 
is the practice of detaining a pupil after the school has 



88 NEW YORK STATE SCHOOL LAWS, 

closed, as a penalty for a delinquency in conduct, or to 
learn a neglected lesson. If detained at all, it should be 
only for a few moments. There is a point of time 
beyond which the detention of a pupil may merge into 
a trespass. The teacher should be careful in this mat- 
ter. 

CHILDEEN'S RIGHTS. 
It must not be forgotten that while the community 
has recognized rights in relation to the common school, 
while the school as a whole has rights, and while the 
the teacher has rights— so, too, each individual pupil, 
high or low, belonging to this family or to that, has the 
same inahenable rights, common to all, that cannot be 
restricted or abused without the perpetration of a great 
wrong. 

1. Children have a right to plenty of fresh air to 
breathe. However imperfect the means of ventilation 
may be, there are always doors and windows in the 
school-house, and the teacher is in part responsible for 
any abridgement of this right. 

2. Children have a right to perfect physical comfort 
at all times. This is the first condition of study. This 
is secured by proper seats proper position of the body, 
freedom to change position, whenever dictated by in- 
convenience or discomfort, proper temperature of the 
body dependent upon the temperature of the room, or 
the particular locality of the pupil. A frequent or con- 
tinuous trespass upon this right may result in disease or 



APPENDIX. 39 

other physical injury, for which the teacher is responsi- 
ble. 

3. A right to be cheerful and happy. This is the nor- 
mal condition of childhood, and is oneof the conditions 
of all profitable study. Hence children are entitled to 
clean, neat, and pleasant surroundings in the school- 
room ; to kind, respectful treatment by the teacher at 
all times ; advice, encouragement and assistance when 
needed ; and freedom from personal abuse — such as 
words of ridicule, humiliation, or contempt. Those 
teachers who excel in their profession, whose favorable 
reputation makes them known beyond the district of 
their labors and whose services are always in demand, 
are those who have always been most careful of the 
rights of children under their care, and who, therefore, 
have merited what they have secured, a lasting place in 
the confidence and affections of their pupils. 

PAEENTS' EIGHTS. 

It is the parent's right to have his children returned 
to him at the close of the term, with minds better edu- 
cated and developed, with improved manners and mor- 
als, and with bodies uninjured in any respect by the re- 
strictions to which they have been subjected in the 
school-room. 

The parties responsible for these results are the dis- 
trict itself, whose representative is the trustee, the 
teacher, and the children themselves. 



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